CO
Colorado House Bill HB1233

Colorado 2025 Regular Session

Colorado House Bill HB1233 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0769.01 Anna Petrini x5497
88 HOUSE BILL 25-1233
99 House Committees Senate Committees
1010 State, Civic, Military, & Veterans Affairs
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING PERSONS WHO PROV IDE ASSISTANCE WITH VETERANS '101
1414 BENEFITS CLAIMS , AND, IN CONNECTION THEREWITH ,102
1515 ESTABLISHING THAT CERTAIN ACT IONS BY SUCH PERSONS ARE103
1616 DECEPTIVE TRADE PRACTICES UNDER THE "COLORADO104
1717 C
1818 ONSUMER PROTECTION ACT".105
1919 Bill Summary
2020 (Note: This summary applies to this bill as introduced and does
2121 not reflect any amendments that may be subsequently adopted. If this bill
2222 passes third reading in the house of introduction, a bill summary that
2323 applies to the reengrossed version of this bill will be available at
2424 http://leg.colorado.gov
2525 .)
2626 The bill makes it a deceptive trade practice under the "Colorado
2727 Consumer Protection Act" for a person who advises, assists, or consults
2828 HOUSE SPONSORSHIP
2929 Richardson and Carter, Armagost, Keltie
3030 SENATE SPONSORSHIP
3131 Hinrichsen, Sullivan
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. a veteran, in connection with a claim for veterans' benefits (veterans'
3535 benefits matter), to:
3636 ! Receive compensation in excess of $12,500 for the service,
3737 subject to additional limitations linking permissible
3838 compensation to results delivered;
3939 ! Receive compensation for referring a veteran to a third
4040 party;
4141 ! Collect compensation on behalf of a third party engaged to
4242 assist with any aspect of a veterans' benefits matter;
4343 ! Receive compensation in connection with a claim filed
4444 within the one-year period following a veteran's release
4545 from active duty without a signed waiver from the veteran;
4646 ! Fail to provide a veteran the option of an interest-free
4747 payment plan;
4848 ! Guarantee a successful outcome in a veterans' benefits
4949 matter or engage in certain direct advertising;
5050 ! Fail to memorialize the payment terms and certain
5151 disclosures in a written, signed business agreement;
5252 ! Fail to take various security measures related to veterans'
5353 personal information; or
5454 ! Fail to remain a member in good standing of a national
5555 veterans' benefit trade organization that holds members to
5656 ethics and certification standards.
5757 The bill requires the attorney general or district attorney to transmit any
5858 civil penalty collected for a violation of the veterans' benefits matter
5959 provisions to the state treasurer for deposit in the Colorado state veterans
6060 trust fund.
6161 Be it enacted by the General Assembly of the State of Colorado:1
6262 SECTION 1. Legislative declaration. (1) The general assembly2
6363 finds and declares that:3
6464 (a) Veterans embody courage and sacrifice, defending our4
6565 freedoms. Ensuring they receive the benefits they have earned is a moral5
6666 obligation shared by all. Supporting veterans honors their service and6
6767 ensures they thrive in civilian life while reflecting our values and7
6868 fulfilling our commitment to those who have safeguarded our nation.8
6969 (b) According to 2023 data from the United States department of9
7070 veterans affairs, Colorado is home to an estimated 369,000 veterans. The10
7171 HB25-1233-2- $2.7 billion in service-connected compensation Colorado's veterans and1
7272 veterans' survivors receive each year undeniably improves their quality of2
7373 life and has a significant impact on the state's economy.3
7474 (c) As of mid-January 2025, the United States veterans4
7575 administration reports 969,748 pending benefit claims, including5
7676 disability compensation and pension claims that normally require a rating6
7777 decision. Over a quarter of the pending benefit claims have been active7
7878 for 125 days or longer and are considered backlogged. Colorado's8
7979 veterans have 17,433 pending claims, and 4,235 of them are backlogged.9
8080 The average processing time for a Colorado veteran's claim is 135 days.10
8181 (d) By assisting with the preparation of a veteran's benefit claim,11
8282 professional, trained, and ethical individuals can help reduce the time that12
8383 the veterans administration requires to process the claim once it is13
8484 submitted;14
8585 (e) State and local veterans service officers and veterans15
8686 associations, including the veterans of foreign wars, American legion, and16
8787 disabled American veterans, as well as attorneys and agents accredited by17
8888 the United States department of veterans affairs, continue to provide free18
8989 claims preparation services that hold great value for veterans and deserve19
9090 our support. However, the large volume of benefit claims exceeds the20
9191 combined capacity of these organizations and individuals.21
9292 (f) The private sector, which includes non-accredited consultants22
9393 that are not acting as agents or attorneys, has stepped forward to assist23
9494 and offer options for those who choose to forego the free services of24
9595 veterans service officers and veterans associations. While the majority of25
9696 for-profit service providers deliver quality services in a transparent and26
9797 ethical manner, there will always be some that prey on veterans who are27
9898 HB25-1233
9999 -3- unsuspecting or simply desperate for help.1
100100 (g) Because of the predatory practices of some providers of claims2
101101 preparation services, consumer protections are necessary to safeguard3
102102 Colorado's veterans and ensure that only legitimate for-profit entities4
103103 operate in the state to provide choice and capacity in the preparation of5
104104 veterans' benefits claims.6
105105 SECTION 2. In Colorado Revised Statutes, 6-1-112, amend7
106106 (1)(a), (1)(b), and (1)(c); and add (4) as follows:8
107107 6-1-112. Civil penalties - definition. (1) The attorney general or9
108108 a district attorney may bring a civil action on behalf of the state to seek10
109109 the imposition of civil penalties as follows:11
110110 (a) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)12
111111 of this section, any person who violates or causes another to violate any13
112112 provision of this article 1 shall forfeit and pay to the general fund of this14
113113 state a civil penalty of not more than twenty thousand dollars for each15
114114 such violation. For purposes of this subsection (1)(a), a violation of any16
115115 provision shall constitute a separate violation with respect to each17
116116 consumer or transaction involved.18
117117 (b) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)19
118118 of this section, any person who violates or causes another to violate any20
119119 court order or injunction issued pursuant to this article 1 shall forfeit and21
120120 pay to the general fund of this state a civil penalty of not more than ten22
121121 thousand dollars for each such violation. For the purposes of this section,23
122122 the court issuing the order or injunction shall retain RETAINS jurisdiction,24
123123 and the cause shall be IS continued. Upon violation, the attorney general25
124124 or a district attorney may petition the court for the recovery of the civil26
125125 penalty. Such civil penalty shall be IS in addition to any other penalty or27
126126 HB25-1233
127127 -4- remedy available for the enforcement of the provisions of this article 11
128128 and any court order or injunction.2
129129 (c) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)3
130130 of this section, any person who violates or causes another to violate any4
131131 provision of this article 1, where IN WHICH such violation was committed5
132132 against an elderly person, shall forfeit and pay to the general fund of the6
133133 state a civil penalty of not more than fifty thousand dollars for each such7
134134 violation. For purposes of this subsection (1)(c), a violation of any8
135135 provision of this article 1 is a separate violation with respect to each9
136136 elderly person involved.10
137137 (4) T
138138 HE ATTORNEY GENERAL OR DISTRICT ATTORNEY SHALL11
139139 TRANSMIT ANY CIVIL PENALTY COLLECTED IN ACCORDANCE WITH THIS12
140140 SECTION FOR A VIOLATION DESCRIBED IN SECTION 6-1-105 (1)(iiii) TO THE13
141141 STATE TREASURER FOR DEPOSIT IN THE COLORADO STATE VETERANS14
142142 TRUST FUND CREATED IN SECTION 28-5-709.15
143143 SECTION 3. In Colorado Revised Statutes, add 6-1-737 as16
144144 follows:17
145145 6-1-737. Veterans' benefits matters - compensation for18
146146 services - written agreements - advertising - disclosures - deceptive19
147147 trade practice - definitions. (1) A
148148 S USED IN THIS SECTION, UNLESS THE20
149149 CONTEXT OTHERWISE REQUIRES :21
150150 (a) "C
151151 OMPENSATION" MEANS ANY MONEY, THING OF VALUE, OR22
152152 ECONOMIC BENEFIT CONFERRED ON OR RECEIVED BY A PERSON IN RETURN23
153153 FOR SERVICES RENDERED OR TO BE RENDERED BY THE PERSON OR24
154154 ANOTHER.25
155155 (b) "P
156156 ERSON" HAS THE MEANING SET FORTH IN SECTION 6-1-102.26
157157 (c) "V
158158 ETERAN" MEANS A PERSON WHO SERVED IN THE ACTIVE27
159159 HB25-1233
160160 -5- MILITARY, NAVAL, OR AIR FORCE SERVICE OF THE UNITED STATES AND1
161161 WHO WAS DISCHARGED OR RELEASED UNDER CONDITIONS OTHER THAN2
162162 DISHONORABLE, IN ACCORDANCE WITH U.S.C. TITLE 38. "VETERAN"3
163163 INCLUDES AN ELIGIBLE MEMBER OF THE RESERVES OR NATIONAL GUARD ,4
164164 A VETERAN'S DEPENDENT, A VETERAN'S SURVIVOR, OR ANOTHER5
165165 INDIVIDUAL ELIGIBLE FOR A BENEFIT PURSUANT TO THE LAWS AND6
166166 REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF7
167167 VETERANS AFFAIRS OR THE COLORADO DEPARTMENT OF MILITARY AND8
168168 VETERANS AFFAIRS.9
169169 (d) "V
170170 ETERANS' BENEFITS MATTER" MEANS THE PREPARATION ,10
171171 PRESENTATION, OR PROSECUTION OF A CLAIM AFFECTING A VETERAN WHO11
172172 HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR A BENEFIT ,12
173173 PROGRAM, SERVICE, COMMODITY, FUNCTION, STATUS, OR ENTITLEMENT13
174174 FOR WHICH THE VETERAN MAY BE ELIGIBLE PURSUANT TO THE LAWS AND14
175175 REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF15
176176 VETERANS AFFAIRS OR THE COLORADO DEPARTMENT OF MILITARY AND16
177177 VETERANS AFFAIRS.17
178178 (2) (a) A
179179 PERSON MAY ONLY BE COMPENSATED FOR ADVISING ,18
180180 ASSISTING, OR CONSULTING A VETERAN ON A VETERANS ' BENEFITS MATTER19
181181 IF THE PERSON SECURES AN INCREASE IN THE BENEFITS AWARDED .20
182182 C
183183 OMPENSATION FOR ADVISING, ASSISTING, OR CONSULTING A VETERAN ON21
184184 A FEDERAL VETERANS' ADMINISTRATION DISABILITY CLAIM MUST NOT22
185185 EXCEED FIVE TIMES THE AMOUNT OF ANY INCREASE IN MONTHLY BENEFITS23
186186 AWARDED AS A RESULT OF THE PERSON 'S ADVICE, ASSISTANCE, OR24
187187 CONSULTATION.25
188188 (b) T
189189 HE COMPENSATION CALCULATED PURSUANT TO SUBSECTION26
190190 (2)(a)
191191 OF THIS SECTION MUST NOT EXCEED TWELVE THOUSAND FIVE27
192192 HB25-1233
193193 -6- HUNDRED DOLLARS.1
194194 (c) A
195195 PERSON SHALL NOT RECEIVE ANY COMPENSATION FOR2
196196 ADVISING, ASSISTING, OR CONSULTING A VETERAN ON A VETERANS '3
197197 BENEFITS MATTER BEYOND THE COMPENSATION CALCULATED PURSUANT4
198198 TO SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION. THE PROHIBITION ON5
199199 ADDITIONAL COMPENSATION EXTENDS TO , BUT IS NOT LIMITED TO:6
200200 (I) A
201201 N INITIAL OR NONREFUNDABLE FEE;7
202202 (II) C
203203 OMPENSATION RECEIVED ON BEHALF OF A THIRD PERSON8
204204 ENGAGED TO ADVISE, ASSIST, OR CONSULT ON AN ASPECT OF A VETERANS'9
205205 BENEFITS MATTER; OR10
206206 (III) C
207207 OMPENSATION FOR REFERRING A VETERAN TO A THIRD11
208208 PERSON TO ADVISE, ASSIST, OR CONSULT ON A VETERANS ' BENEFITS12
209209 MATTER.13
210210 (3) A
211211 PERSON ADVISING, ASSISTING, OR CONSULTING ON A14
212212 VETERANS' BENEFITS MATTER SHALL NOT RECEIVE COMPENSATION FOR15
213213 SERVICES RENDERED IN CONNECTION WITH A CLAIM FILED WITHIN THE16
214214 ONE-YEAR PERIOD FOLLOWING A VETERAN 'S RELEASE FROM ACTIVE DUTY17
215215 DURING WHICH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS18
216216 PRESUMES CERTAIN DISABLING CONDITIONS ARE SERVICE -CONNECTED,19
217217 UNLESS THE VETERAN ACKNOWLEDGES BY SIGNING A WAIVER THAT THE20
218218 VETERAN IS WITHIN THE ONE-YEAR PERIOD AND CHOOSES TO DECLINE FREE21
219219 SERVICES THAT ARE AVAILABLE.22
220220 (4) A
221221 PERSON ADVISING, ASSISTING, OR CONSULTING ON A23
222222 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL PROVIDE A24
223223 VETERAN THE OPTION OF AN INTEREST -FREE PAYMENT PLAN OF NOT25
224224 LONGER THAN ONE YEAR.26
225225 (5) A
226226 PERSON ADVISING, ASSISTING, OR CONSULTING ON A27
227227 HB25-1233
228228 -7- VETERANS' BENEFITS MATTER SHALL NOT GUARANTEE , EITHER DIRECTLY1
229229 OR BY IMPLICATION, A SUCCESSFUL OUTCOME IN A VETERANS ' BENEFITS2
230230 MATTER, INCLUDING THAT A VETERAN IS CERTAIN TO RECEIVE SPECIFIC3
231231 VETERANS' BENEFITS OR THAT A VETERAN IS CERTAIN TO RECEIVE A4
232232 SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS.5
233233 (6) A
234234 PERSON ADVISING, ASSISTING, OR CONSULTING ON A6
235235 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT DIRECTLY7
236236 ADVERTISE OR MARKET TO AN INDIVIDUALLY IDENTIFIED VETERAN ,8
237237 RESIDENCE, OR BUSINESS LOCATION . THE PROHIBITION ON DIRECT9
238238 ADVERTISING AND MARKETING DOES NOT INCLUDE COMMUNICATING VIA10
239239 TELEPHONE, MAIL, OR ELECTRONIC COMMUNICATION , IF INITIATED BY A11
240240 VETERAN.12
241241 (7) A
242242 PERSON SEEKING COMPENSATION FOR ADVISING , ASSISTING,13
243243 OR CONSULTING ON A VETERANS ' BENEFITS MATTER SHALL , BEFORE14
244244 RENDERING ANY SERVICES, MEMORIALIZE THE SPECIFIC TERMS UNDER15
245245 WHICH THE AMOUNT OF COMPENSATION WILL BE DETERMINED AND PAID16
246246 IN A WRITTEN BUSINESS AGREEMENT SIGNED BY BOTH PARTIES .17
247247 (8) (a) A
248248 PERSON ADVISING, ASSISTING, OR CONSULTING ON A18
249249 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL PROVIDE THE19
250250 FOLLOWING DISCLOSURE IN THE WRITTEN BUSINESS AGREEMENT REQUIRED20
251251 PURSUANT TO SUBSECTION (7) OF THIS SECTION:21
252252 T
253253 HIS BUSINESS IS NOT SPONSORED BY OR AFFILIATED WITH22
254254 THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS23
255255 OR THE COLORADO DEPARTMENT OF MILITARY AND24
256256 V
257257 ETERANS AFFAIRS, OR ANY OTHER FEDERALLY CHARTERED25
258258 VETERANS' SERVICE ORGANIZATION . OTHER26
259259 ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO, THE27
260260 HB25-1233
261261 -8- COLORADO DEPARTMENT OF MILITARY AND VETERANS1
262262 A
263263 FFAIRS, A LOCAL VETERANS' SERVICE ORGANIZATION AND2
264264 OTHER FEDERALLY CHARTERED VETERANS ' SERVICE3
265265 ORGANIZATIONS, MAY PROVIDE THIS SERVICE FREE OF4
266266 CHARGE OR MIGHT NOT ENDORSE THIS SERVICE . YOU MAY5
267267 QUALIFY FOR OTHER VETERANS ' BENEFITS OUTSIDE THE6
268268 SCOPE OF THIS BUSINESS AGREEMENT .7
269269 (b) I
270270 F A PERSON, OR AN EMPLOYEE , CONTRACTOR, OR8
271271 SUBCONTRACTOR OF THE PERSON , WHO IS ADVISING, ASSISTING, OR9
272272 CONSULTING ON A VETERANS ' BENEFITS MATTER FOR COMPENSATION IS10
273273 NOT ACCREDITED BY THE UNITED STATES VETERANS ADMINISTRATION11
274274 PURSUANT TO THE REQUIREMENTS OF 38 CFR 14.629, THE PERSON SHALL12
275275 DISCLOSE THE LACK OF ACCREDITATION ALONG WITH A CLEAR13
276276 EXPLANATION OF WHAT IT MEANS TO LACK ACCREDITATION . A PERSON14
277277 ADVISING, ASSISTING, OR CONSULTING ON A VETERANS' BENEFITS MATTER15
278278 FOR COMPENSATION SHALL PROVIDE THE ACCREDITATION DISCLOSURE16
279279 REQUIRED PURSUANT TO THIS SUBSECTION (8)(b) IN THE WRITTEN17
280280 AGREEMENT REQUIRED PURSUANT TO SUBSECTION (7) OF THIS SECTION, IN18
281281 A CONSPICUOUS LOCATION ON THE PERSON 'S WEBSITE, AND IN A19
282282 CONSPICUOUS LOCATION AT THE PERSON 'S PHYSICAL ADDRESS , IF20
283283 APPLICABLE.21
284284 (9) T
285285 HE DISCLOSURES REQUIRED PURSUANT TO SUBSECTION (8) OF22
286286 THIS SECTION MUST APPEAR IN BOLD -FACED FONT IN AT LEAST23
287287 TWELVE-POINT TYPE IN AN EASILY IDENTIFIABLE PLACE IN THE BUSINESS24
288288 AGREEMENT. THE VETERAN SHALL SIGN THE PAGE ON WHICH EACH25
289289 DISCLOSURE APPEARS TO REPRESENT AN UNDERSTANDING OF ITS TERMS .26
290290 T
291291 HE PERSON ADVISING, ASSISTING, OR CONSULTING ON A VETERANS '27
292292 HB25-1233
293293 -9- BENEFITS MATTER FOR COMPENSATION SHALL RETAIN A COPY OF THE1
294294 WRITTEN BUSINESS AGREEMENT CONTAINING THE DISCLOSURE FOR AT2
295295 LEAST ONE YEAR AFTER THE DATE ON WHICH THE SERVICE RELATIONSHIP3
296296 WITH THE VETERAN TERMINATES .4
297297 (10) (a) A
298298 PERSON ADVISING, ASSISTING, OR CONSULTING ON A5
299299 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT :6
300300 (I) U
301301 SE INTERNATIONAL CALL CENTERS OR DATA CENTERS FOR7
302302 PROCESSING VETERANS' PERSONAL INFORMATION;8
303303 (II) U
304304 SE A VETERAN'S PERSONAL LOG-IN CREDENTIALS TO ACCESS9
305305 THE VETERAN'S MEDICAL, FINANCIAL, OR GOVERNMENT BENEFITS10
306306 INFORMATION; OR11
307307 (III) D
308308 ISCLOSE PERSONAL DATA OBTAINED IN CONNECTION WITH A12
309309 VETERANS' BENEFITS MATTER TO A THIRD PERSON , UNLESS THE13
310310 DISCLOSURE IS MADE PURSUANT TO A COURT ORDER .14
311311 (b) A
312312 PERSON ADVISING, ASSISTING, OR CONSULTING ON A15
313313 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL :16
314314 (I) C
315315 OMPLETE A CRIMINAL BACKGROUND CHECK OF A PERSON17
316316 PRIOR TO PERMITTING THE PERSON TO ACCESS A VETERAN 'S MEDICAL,18
317317 FINANCIAL, OR GOVERNMENT BENEFITS INFORMATION . THE BACKGROUND19
318318 CHECK MUST BE CONDUCTED BY A REPUTABLE SOURCE AND INCLUDE20
319319 IDENTITY VERIFICATION AND A CRIMINAL HISTORY RECORD CHECK .21
320320 (II) S
321321 AFEGUARD A VETERAN'S MEDICAL DATA IN COMPLIANCE WITH22
322322 FEDERAL AND STATE PRIVACY LAWS , INCLUDING THE FEDERAL "HEALTH23
323323 I
324324 NSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C.24
325325 SEC. 1320d TO 1320d-9.25
326326 (11) A
327327 PERSON ADVISING, ASSISTING, OR CONSULTING ON A26
328328 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL REMAIN A27
329329 HB25-1233
330330 -10- MEMBER IN GOOD STANDING OF THE NATI ONAL ASSOCIATION FOR VETERAN1
331331 RIGHTS OR A NATIONAL VETERANS ' BENEFIT TRADE ORGANIZATION THAT2
332332 HAS ESTABLISHED FOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS3
333333 OF THE ORGANIZATION 'S MEMBERS BOTH A CODE OF ETHICS AND4
334334 TECHNICAL CERTIFICATION STANDARDS EQUIVALENT TO THE CODE OF5
335335 ETHICS AND TECHNICAL CERTIFICATION STANDARDS THAT APPLY TO A6
336336 VETERANS SERVICE OFFICER CERTIFIED BY THE UNITED STATES7
337337 DEPARTMENT OF VETERANS AFFAIRS AND EQUIVALENT TO THE CODE OF8
338338 ETHICS AND TECHNICAL CERTIFICATION STANDARDS OF THE NATIONAL9
339339 ASSOCIATION FOR VETERAN RIGHTS .10
340340 (12) A
341341 PERSON WHO VIOLATES A PROVISION OF THIS SECTION11
342342 ENGAGES IN A DECEPTIVE TRADE PRACTICE .12
343343 (13) T
344344 HIS SECTION DOES NOT APPLY TO, LIMIT, OR EXPAND THE13
345345 REQUIREMENTS IMPOSED ON AGENTS , ATTORNEYS, OR OTHER14
346346 REPRESENTATIVES ACCREDITED BY THE UNITED STATES DEPARTMENT OF15
347347 VETERANS AFFAIRS AND REGULATED BY THAT AGENCY .16
348348 SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)17
349349 as follows:18
350350 6-1-105. Unfair or deceptive trade practices - definitions. (1) A19
351351 person engages in a deceptive trade practice when, in the course of the20
352352 person's business, vocation, or occupation, the person:21
353353 (iiii) V
354354 IOLATES A PROVISION OF SECTION 6-1-737.22
355355 SECTION 5. Act subject to petition - effective date -23
356356 applicability. (1) This act takes effect January 1, 2026; except that, if a24
357357 referendum petition is filed pursuant to section 1 (3) of article V of the25
358358 state constitution against this act or an item, section, or part of this act26
359359 within the ninety-day period after final adjournment of the general27
360360 HB25-1233
361361 -11- assembly, then the act, item, section, or part will not take effect unless1
362362 approved by the people at the general election to be held in November2
363363 2026 and, in such case, will take effect on the date of the official3
364364 declaration of the vote thereon by the governor.4
365365 (2) This act applies to violations on or after the applicable5
366366 effective date of this act.6
367367 HB25-1233
368368 -12-